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Terms of Service

Last Updated: May 23rd 2018

These Terms of Service (these “TOS” or this “Agreement”) set forth the terms and conditions under which you are provided access to certain online services, software, applications and content (collectively, the “Service”) made available by Zwift, Inc, a Delaware corporation, and/or its affiliated entities outside of the United States (collectively, “Zwift” or “we”). By accessing, using, or downloading any materials from the Service, you accept and agree to these TOS, which may be updated by Zwift from time to time without notice to you. You can review the most current version of these TOS at any time at https://zwift.com/p/terms. Zwift and its third party providers may make improvements and/or changes in the products, services, mobile applications, features, programs, and prices offered as part of the Service at any time without notice. If you do not agree with these TOS, please do not use the Service. BY CONTINUING TO USE THE SERVICE, YOU ARE INDICATING YOUR AGREEMENT TO THE TERMS AND ALL REVISIONS THEREOF.

Zwift reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any portion thereof with or without notice. You agree that Zwift shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any portion thereof.

These TOS do not supersede the End User License Agreement (the “EULA”) that accompanies each Zwift application, product or game (collectively, “Game” or “Games”) or any other Game-specific terms of use or service. The EULA governs your use of the Game client – that part of any Game software installed on your computer, phone or other devices – and this Agreement governs your use of the Service.

1. GRANT OF A LIMITED LICENSE TO USE THE SERVICE.

Subject to your acceptance of and continuing compliance with these TOS, you may use the Service solely for your own personal and non-commercial use and entertainment purposes by accessing it with a web or mobile browser or an authorized, unmodified Game client. You may not use the Service for any other purpose, or using any other method. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the Service.

2. ADDITIONAL LICENSE LIMITATIONS.

The license granted to you in Section 1 is subject to the limitations set forth in Sections 1 and 2 (collectively, the “License Limitations”). Any use of the Service or any Game in violation of the License Limitations will be regarded as a breach of this Agreement and an infringement of Zwift’s copyrights in and to the Service and/or Game. You agree that you will not, under any circumstances:

Use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the Service, any Game or any Game experience;

Exploit the Service, a Game or any part thereof for any commercial purpose, including without limitation: (a) using the Service at a cyber cafe, computer gaming center or any other commercial establishment without the express written consent of Zwift, unless otherwise stated in a Game EULA; (b) communicate or facilitate any commercial advertisement or solicitation; (c) gather in-game currency, items or resources for sale outside the Game without Zwift’s authorization; or (d) perform in-game services in exchange for payment outside the Game, e.g., power-leveling;

Use the Service for any “e-sports” or group competition sponsored, promoted or facilitated by any commercial or non-profit entity without Zwift’s prior written consent;

Use any unauthorized third-party software that intercepts, “mines”, or otherwise collects information from or through any Game or the Service, including without limitation, any software that reads areas of RAM used by any Game or the Service to store information about a character or a Game environment; provided, however, that Zwift may, at its sole and absolute discretion, allow the use of certain third party user interfaces;

Modify or cause to be modified any files that are a part of any Game or the Service in any way not expressly authorized by Zwift;

Host, provide or develop matchmaking services for any Game or the Service, or intercept, emulate or redirect the communication protocols used by Zwift in any way, for any purpose, including without limitation, unauthorized play over the Internet, network play, or as part of content aggregation networks;

Facilitate, create or maintain any unauthorized connection to any Game or the Service, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Service or any Game; or (b) any connection using programs or tools not expressly approved by Zwift; or

Disrupt or assist in the disruption of: (a) any computer used to support the Service or any Game environment (each a “Server”); or (b) any other player’s Game experience.

3. REQUIREMENTS.

Before you can use the Service, you must read, understand and agree to these TOS, Zwift’s privacy policy, which can be found at https://zwift.com/p/privacy (the “Privacy Policy”), and register an account on the Service (an “Account”). If you want to play a Game on the Service, you must obtain a valid license to use the Game(s) and agree to the Game-specific terms of service or use, if applicable, and EULA for each of the Game(s). You are responsible for any Internet connection fees that you incur when accessing the Service.

4. USE OF THE SERVICE BY MINORS.

The Service is not targeted to or designed to attract children under 16 years of age. Subject to the foregoing and the laws of your country of residence, children under 16 years of age may establish and utilize an Account provided that Zwift is given the express written consent of their parent or legal guardian. In the event that you permit your minor child or legal ward (collectively, your “Child”) who is over the age of 16 to use an Account on the Service, you hereby agree to these TOS on behalf of yourself and your Child, and you understand and agree that you will be responsible for all uses of the Account by your Child whether or not such uses were authorized by you, including without limitation, your Child’s acceptance of the EULA for Games that are playable on the Service, or any Game-specific terms of service or use, as well as all of the terms of Zwift’s privacy policy.

5. ACCESSING THE SERVICE.

Account Eligibility.

You may establish an Account only if: (a) You are a “natural person” and an adult in your country of residence (Corporations, Limited Liability Companies, partnerships and other legal or business entities may not establish an Account without Zwift's prior consent); and (b) You are not an individual specifically prohibited by Zwift from using the Service. By accepting this Agreement, you hereby represent and warrant that you meet these eligibility requirements. If at any time Zwift becomes aware that you have registered an Account without meeting the foregoing requirements, Zwift reserves the right to suspend, terminate and/or delete the Account.

Establishing an Account.

When creating or updating an Account on the Service, you are required to provide Zwift with certain personal information such as your name, address, phone number, email address and, in some cases, payment information. For certain Games, an unused authentication key provided to you by Zwift will be required when adding a Game license to an Account. A Game license must be added to an Account before you can play that Game online, where applicable.

Username and Password.

During the Account creation process, you may be required to select a unique username and/or a password (collectively referred to hereunder as “Login Information”), and you may not share the Account or the Login Information with anyone other than as expressly set forth herein. You are responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Zwift.

International Play.

Certain Games that are playable on the Service may allow you to play with Game players who are outside of the region associated with the creation of the Account. Any such feature may require that some or all of the personal information that you provided when you created the Account be transferred to servers operated by Zwift in the regions where you wish to play the Game. By agreeing to participate using this feature, you agree that your data will be transferred to Zwift’s servers in each of the regions that you select to participate in using such feature.

6. ACCOUNT SUSPENSION/CANCELLATION.

ZWIFT MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS AT ANY TIME FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE TO YOU. Accounts terminated by Zwift for any type of abuse, including, without limitation, a violation of these TOS, Game-specific terms of service or use, or a Game EULA, will not be reactivated for any reason. You may cancel the Account registered to you at any time by requesting that your personal information be removed from the Account, as specified in the Privacy Policy. Zwift may stop offering and/or supporting the Service at any time.

7. UPDATES.

Service.

Zwift may impose limits on certain features or restrict your access to parts or all of the Service without notice or liability.

Software and Services.

In an effort to improve its products and Service, Zwift may require that you download and install updates to the Service and to the Games you have installed on your computer or device. You acknowledge and agree that Zwift may update the Service and the Games, including the Game client(s) on your computer, with or without notifying you.

8. OWNERSHIP.

Game client software and Service.

The Game client software and the Service (including without limitation, any titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings or replays of Games, and the Game client and server software) are copyrighted works owned by Zwift and its licensors. Zwift reserves all rights in connection with the Games and the Service, including, without limitation, the exclusive right to create derivative works. You agree that you will not create any work based on the Games or the Service except as may be expressly authorized in writing by Zwift.

Account.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF ZWIFT. Zwift does not recognize the transfer of Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift, or trade any Account, and any such attempt shall be null and void and may result in the forfeiture of your Account.

9. VIRTUAL ITEMS.

You acknowledge that the Service may include a component of virtual goods, property, items or fictional credits or (collectively, “Virtual Items”). Virtual Items may be used exclusively within the Service to gain access to and certain limited rights for use within Games and/or the Service. Virtual Items represents a limited license right governed solely under these TOS, and are not redeemable for any sum of money or monetary value at any time. Virtual Items provided by Zwift include only a limited license right to use Virtual Items. Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use Virtual Items on and in the Service, including in or for any Games, you agree that you have no right, title or ownership in or to any such Virtual Items. YOU ACKNOWLEDGE AND AGREE THAT VIRTUAL ITEMS HAVE NO CASH VALUE AND THAT NEITHER ZWIFT NOR ANY OTHER PERSON OR ENTITY HAS ANY OBLIGATION TO EXCHANGE YOUR VIRTUAL ITEMS FOR ANYTHING OF VALUE, INCLUDING WITHOUT LIMITATION, REAL CURRENCY, AND THAT, IF YOUR ACCOUNT IS TERMINATED, SUSPENDED OR OTHERWISE MODIFIED OR IF YOUR RIGHT TO ACCESS THE SERVICE IS TERMINATED, THE VIRTUAL ITEMS AND YOUR ACCOUNT SHALL HAVE NO VALUE.

Zwift reserves the right to charge fees for the right to access or use Virtual Items, and/or may distribute Virtual Items without charge, in its sole discretion. For example, Zwift may, as a promotion or benefit of membership, provide users with a certain amount of Virtual Items based upon the completion of an activity (e.g., watching a video advertisement). You acknowledge and agree that Zwift may revise or take action that impacts the perceived value of or pricing for any Virtual Items at any time except as may be stated in writing. All purchases of Virtual Items are final and under no circumstances will be refundable, transferable or exchangeable.

Zwift has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Items as it sees fit in its sole discretion, and Zwift shall have no liability to you or anyone else for the exercise of such rights. For example, Virtual Items may be lost, deleted from your Account, or forfeited when/if your Account is terminated, suspended or closed for any reason or when Zwift discontinues any part of the Service.

10. MEMBERSHIP, BILLING, PAYMENT AND CANCELLATION

Subscription Membership.

By registering an Account, you are agreeing to become a member or subscriber of the Service. Your Zwift subscription or membership will continue month-to-month unless and until you cancel your membership or we terminate it.

Cancellation.

You may cancel your Zwift subscription or membership at any time, and you will continue to have access to the Service through the end of your monthly or other applicable billing period. To cancel, go to the “Membership” page on our website and follow the instructions for cancellation.

11. RESTRICTIONS, CONDITIONS OF USE AND USER CONDUCT.

No Violation of Laws.

You agree that you will not, in connection with your use of a Game client or the Service, violate any applicable law or regulation.

Misuse of Service.

You may not connect to or use the Service in any way not expressly permitted by this Agreement. Without limiting the foregoing, you agree that you will not (a) institute, assist, or become involved in any type of attack, including without limitation denial of service attacks, upon the Service or otherwise attempt to disrupt the Service or any other person’s use of the Service; or (b) attempt to gain unauthorized access to the Service, Accounts registered to other players, or the computer systems or networks connected to the Service.

No Data Mining.

You agree that you will not (a) obtain or attempt to obtain any information from the Service or any Game using any method not expressly permitted by Zwift; (b) intercept, examine or otherwise observe any proprietary communications protocol used by a Game client or the Service, whether through the use of a network analyzer, packet sniffer or other device; (c) use any third-party software to collect information from or through a Game client or the Service, including without limitation information about your character, any Account registered to you, virtual items, other players, or other Game data.

Content.

You understand that all information, data, text, software, sound, voice chat and communications, photographs, graphics, video, messages, tags, IP addresses or other personal information or materials (“Content”), whether posted, transmitted or communicated in connection with the Service are the sole responsibility of the person from whom such Content originated. This means that you, and not Zwift, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Zwift does not control or monitor the Content posted to the Service by others and, as such, does not guarantee the accuracy, integrity, or quality of such Content. Unless a feature of the Service expressly provides for a privacy election with respect to the posting or communication of Content, Zwift also does not guarantee the privacy of any such Content and you should assume that all such Content is being made public to other users of the Service, including those to whom the Content is not specifically intended or directed. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Zwift be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the Service.

You acknowledge that Zwift may or may not pre-screen or monitor Content, but that Zwift and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, monitor, refuse or remove any Content that is available via the Service. Without limiting the foregoing, Zwift and its designees shall have the right to remove any Content that violates these TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any Content in connection with the Service, including any reliance on the accuracy, completeness, or usefulness of such Content.

Zwift does not claim ownership of Content you may submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on the Service, you grant Zwift a worldwide, perpetual, irrevocable, royalty-free and non-exclusive license, as applicable, to use, distribute, reproduce, modify, adapt, publicly perform and publicly display and otherwise exploit such Content on the Service for the purposes of providing and promoting the Service and the features and services available on the Service.

WE ALSO RESERVE THE RIGHT, AT ALL TIMES AND IN OUR SOLE DISCRETION, TO DISCLOSE ANY CONTENT FOR ANY REASON, including without limitation: (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce the terms of these TOS or any other Zwift policy; (c) to protect our legal rights and remedies; (d) to protect the health or safety of anyone we believe may be threatened; or (e) to report a crime or other illegal or offensive behavior.

User Conduct.

You are solely responsible for maintaining the confidentiality of the password associated with your Account and for restricting access to your password and to your computer while logged into the Service. You accept responsibility for all activities that occur under your Account or from your computer or other device. We endeavor to use reasonable security measures to protect against unauthorized access to your Account. We cannot, however, guarantee absolute security of your Account, your Content or the personal information you provide, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Service or its contents. You agree to immediately notify Zwift of any unauthorized use or your Account or password, or any other breach of security, and to accept all risks of unauthorized access to any other data or information you provide to Zwift.

You agree to not use the Service to: (a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, a Zwift official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (e) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (f) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (g) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (h) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; and/or (i) intentionally or unintentionally violate any applicable local, state, national or international law.

Interactions with Other Users.

The Service may provide the ability function as a venue to connect members in virtual environments. As a neutral facilitator, Zwift is not directly involved in the interactions between members of the Service. As a result, Zwift has no control over the actions of other users or the truth, accuracy, quality, legality, or safety of postings made by users of the Service. Zwift shall have no responsibility to confirm the identity of users. Zwift shall also have no responsibility to confirm or verify the qualifications, background, or abilities of users of the Service. You shall at all time exercise common sense and good judgment when dealing with any user of the Service.

If you elect to use any feature of the Service that allows you to informing a friend about the Service or for emailing information to a friend, Zwift will require you to provide your friend’s contact information and/or email address. Zwift will automatically send that friend a one-time email. Zwift may store the information you provide for a period of time, provided that Zwift will use such information only to identify if your friend is or later becomes a member of Zwift. You represent that you are authorized to provide any third party email address or other information that you provide to Zwift.

THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT AVAILABLE ON THE SERVICE IS PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY. ZWIFT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. ZWIFT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (E) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (F) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

Health and Safety Warnings and Medical Disclaimers.

YOU UNDERSTAND THAT THE SERVICE IS INTENDED TO BE USED IN CONNECTION WITH ATHLETIC AND FITNESS ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, CYCLING AND OTHER RIGOROUS SPORTS). YOU EXPRESSLY AGREE THAT ENGAGING IN ATHLETIC OR FITNESS ACTIVITIES AS PART OF THE SERVICE CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF ZWIFT OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS. YOU ALSO EXPRESSLY AGREE THAT ZWIFT DOES NOT ASSUME RESPONSIBILITY FOR THE INSPECTION, SUPERVISION, PREPARATION, OR CONDUCT OF ANY RACE, COMPETITION, CONTEST, GROUP INTERACTION, GATHERING, OR EVENT THAT UTILIZES THE SERVICE.

PLEASE CONSULT YOUR PHYSICIAN BEFORE USING THE SERVICE IN CONNECTION WITH ANY ATHLETIC AND FITNESS ACTIVITIES. THIS IS ESPECIALLY IMPORTANT FOR PERSONS OVER AGE 35 OR PERSONS WITH PRE-EXISTING HEALTH PROBLEMS. DISCONTINUE ANY USE OF THE SERVICE OR ENGAGING IN ANY SUCH ATHLETIC OR FITNESS ACTIVITIES THAT CAUSE YOU PAIN, FATIGUE, DISCOMFORT, NAUSEA, DIZZINESS, OR SHORTNESS OF BREATH AND CONSULT A MEDICAL EXPERT. START SLOWLY AND AT THE LEVEL THAT IS APPROPRIATE FOR YOU. DON’T OVEREXERT YOURSELF. TAKE BREAKS PERIODICALLY. STOP AND REST IF YOUR MUSCLES, JOINTS, OR EYES BECOME TIRED OR SORE. DO NOT USE THE SERVICE OR ENGAGE IN ANY SUCH ATHLETIC OR FITNESS ACTIVITIES UNDER THE INFLUENCE OF DRUGS OR ALCOHOL, AND MAKE SURE YOUR BALANCE AND PHYSICAL ABILITIES ARE SUFFICIENT FOR ANY MOVEMENTS AND ACTIVITIES WHILE USING THE SERVICES.

Third Party Equipment.

YOU UNDERSTAND THAT USE OF SERVICE MAY REQUIRE YOU TO USE, POSSESS, AND/OR PURCHASE THIRD PARTY EQUIPMENT OR MATERIALS (E.G., BICYCLE TRAINER). WHILE ZWIFT MAY RECOMMEND THE EQUIPMENT OR MATERIALS OF CERTAIN THIRD PARTY SUPPLIERS, ZWIFT SHALL HAVE NO RESPONSIBILITY FOR YOUR ACQUISITION OR USE OF ANY THIRD PARTY EQUIPMENT OR MATERIALS AND DOES NOT GUARANTEE THAT THIRD PARTY EQUIPMENT OR MATERIALS WILL FUNCTION WITH THE SERVICE OR WILL BE ERROR-FREE.

Release of Liability.

YOU EXPRESSLY AGREE TO RELEASE ZWIFT, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS, LICENSORS, TEAM AND RIDE LEADERS, RACE AND RACE ORGANIZERS, GUEST RIDERS AND/OR ANY OTHER ZWIFT RIDER, USERS OR PARTICIPANTS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY CONNECTED WITH YOUR ATHLETIC AND FITNESS ACTIVITIES IN CONNECTION WITH THE SERVICE, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH YOUR ATHLETIC AND FITNESS ACTIVITIES IN CONNECTION WITH THE SERVICE.

ZWIFT IS NOT RESPONSIBLE FOR DAMAGES ARISING OUT OF YOUR USE OF THE SERVICE OR YOUR INABILITY TO USE THE SERVICE. IN NO CASE SHALL ZWIFT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (A) YOUR USE OR MISUSE OF THE SERVICE; (B) YOUR USE OR MISUSE OF EQUIPMENT OR PROGRAMS CREATED OR LICENSED BY ZWIFT WHILE ENGAGED IN ATHLETIC OR FITNESS ACTIVITIES; (C) YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICE; (D) ANY DELAY OR INABILITY TO USE THE SERVICE EXPERIENCED BY YOU; (E) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ZWIFT HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIABILITY OF ZWIFT AND ITS AFFILIATES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH ZWIFT IS TO STOP USING THE SERVICE, AND TO CANCEL ALL ACCOUNTS REGISTERED TO YOU.

You agree to indemnify, defend and hold the Released Parties harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Service or any Game, or any breach by you of this Agreement or any Game EULA.

14. DISCLOSURES; THIRD PARTY FEATURES.

Advertising

Zwift’s Games and the Service may incorporate third-party technology that enables advertising in certain Games. As part of this process, Zwift and/or its authorized third party advertisers may collect certain non-personal user and computer or device related data that is sent when your computer or mobile device connects to the Internet including your Internet protocol (IP) address.

Third Party Services

Third party product and service offerings made available to you on the Service (e.g., Facebook, Twitter, etc.) are made and offered directly by the applicable third party. When you utilize any such product or service offering through the Service, you acknowledge that you are contracting directly with the applicable third party service provider or and not with Zwift. Your correspondence or business dealings with, or participation in promotions of, third party service providers or advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party service provider. Zwift is not responsible for the performance or nonperformance of any third party service provider. You are in no way obligated to use or transact business with any particular third party service provider.

Sweepstakes/Contests

From time to time Zwift may offer or allow you to participate in promotions, giveaways, contests or sweepstakes (“Promotion(s)”) on via the Service or through a third party. Participation in any Promotion is subject to the official rules or guidelines governing that Promotion. Zwift may announce rules in connection with any Promotion, but regardless of whether specific rules are announced, all such opportunities will be controlled by these TOS, unless specifically superseded by Promotion-specific rules. In addition, as a condition to receiving any rewards, awards or prizes for participating in such Promotions, you may be required to provide additional information, to sign a release, or to authorize the use of certain biographical or other information about you in Zwift advertising or marketing materials. Please also be aware that if a third party administers the Promotion, your participation may be subject to additional terms and conditions, and you should specifically read such third party’s rules, terms of service, and privacy policies before participating. You agree that Zwift is not responsible for such third parties’ Promotions.

15. GOVERNING LAW.

Except as expressly provided otherwise, these TOS shall be governed by and construed under the laws of the United States of America and the laws of the State of California, without regard to choice of law principles. You hereby consent and submit to the exclusive jurisdiction and venue in the state and federal courts located in Los Angeles County, California for any legal proceedings related to the Service or these TOS. Those who choose to access the Service from locations outside of the United States do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable. Should a court of competent jurisdiction determine that other laws apply, these TOS shall be enforced to the fullest extent permitted by the laws of the applicable jurisdiction and be interpreted to give maximum effect to the terms and conditions hereof.

16. GENERAL.

Export Controls.

The files, programs, software and any and all other computer code contained or utilized by the Service may not be re-exported, downloaded or otherwise exported into any country against which the U.S. Government maintains comprehensive economic sanctions or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Denied Persons List or Entity List. Additionally, Zwift is also restricted from providing services that may be available through the Service to all such countries and/or individuals. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Assignment.

Zwift may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign these TOS without Zwift’s prior written consent, and any unauthorized assignment by you shall be null and void.

Attorneys‘ Fees and Statue of Limitations.

In the event any litigation is brought by either party in connection with these TOS, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation. Except to the extent prohibited by applicable law, the parties agree that any claim or cause of action arising out of or related to use of the Service or these TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Entire Agreement.

This Agreement, including the documents expressly incorporated by reference herein, constitutes the entire agreement between you and us with respect to the Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Service; provided, however, that this Agreement shall coexist with, and shall not supersede, Game EULAs and Terms of Use specific to a Game. In the event of a conflict or inconsistency between the terms and conditions of these TOS and a Game EULA or terms of use agreement specific to a Game or Game feature, the terms and conditions of the Game EULA shall supersede and govern the terms of use agreement for the specific Game or Game feature whose terms and conditions shall, in turn, supersede and govern the terms and conditions of these TOS.

No Waiver.

Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Notices.

All notices given by you or required under this Agreement shall be in writing and addressed to Zwift at legal@zwift.com.

Equitable Remedies.

You hereby agree that Zwift would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these TOS, in addition to such other remedies as Zwift may otherwise have available to it under applicable laws.

Force Majeure.

Zwift shall not be liable for any delay or failure of the Service or otherwise to perform resulting from causes outside the reasonable control of Zwift, including without limitation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

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